Reeses out of Doña Ana County jail on conditional release

LAS CRUCES - The last two members of a Deming family accused of gun smuggling have been released from jail. Rick Reese, 57, and his son Ryin Reese, 25, met federal judge-ordered conditions of release Tuesday afternoon, officials said. They left the Doña Ana County Detention Center just before 3 p.m.

In a ruling issued last Friday, U.S. District Judge Robert C. Brack granted the Reeses a new trial - reversing convictions against three family members - and a motion for conditional release.

Jason Bowles, attorney for Ryin Reese, said his client and Rick Reese were set to be released last week, but that the detention center didn't have enough ankle monitors at the time. So the Reeses waited "at least three days" in jail, Bowles said, bringing their total incarcerated days to 524.

"It does happen," Bowles said of the equipment shortage. "There's a limited supply of those things. ... I wouldnt say it was atypical.

"It was frustrating, nonetheless."

Brack endorsed nine recommendations by pretrial services regarding the release of Rick Reese and Ryin Reese. Both of them had to post a $10,000 secured bond. Below is a partial list of other requirements:

pretrail services supervisison

location monitoring (where the ankle monitors come into play)

actively seeking or maintaining employment

travel restrictions

restricted from possessing firearms, destructive devices or other dangerous weapons

Last August, a jury convicted Rick Reese, his wife Terri Reese and Ryin Reese on four counts of making false statements on investigation forms after a firearms sting.

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The family owned and operated two gun stores, the source of 30 crimes initially alleged.

Agents arrested the Reeses on Aug. 30, 2011.

Terri Reese was placed on conditional release last February. Another son, Remington Reese, was acquitted on all charges.

Attorneys filed a motion for a new trial in December, arguing that the Reeses' Sixth Amendment rights had been violated. In November, federal prosecutors revealed to Brack they encountered evidence that potentially could impeach the credibility of a Luna County Sheriff's deputy, a key government witness.

FBI agents and other officials testified in a Jan. 28 hearing. After weighing the evidence and testimony, Brack ruled in the Reeses' favor.

In explaining his decision, Brack wrote, in part, that evidence "intentionally or negligently" suppressed by the government "could have easily altered the outcome of the trial."

No new trial date has been set.

In a prepared statement, the U.S. Attorney's Office said it is reviewing the order and "assessing whether it will seek to file an appeal."

James Staley may be reached at 575-541-5476. Follow him on Twitter @auguststaley